- Who sends it
- The county sheriff, served on each owner under the Trial Rules
- What it starts
- A sheriff's sale at least 30 days after the first published notice
- Do this first
- Call the sheriff's office with your case number to confirm the date and the payoff process
What this notice is in Indiana
Under Ind. Code 32-29-7-3, once the lender files a praecipe and the clerk certifies the judgment, the sheriff must sell the home, or as much as is needed to pay the judgment, interest and costs. The sale can be held at the sheriff's office, at another place likely to draw higher bids, or online, at a set time between 10 a.m. and 4 p.m. on any day except Sunday.
The notice must state the property's street address or other common description. The sheriff charges a small service fee that is added to the costs of the case.
How the 30 days count
- The sheriff must advertise the sale once a week for 3 successive weeks. The first publication must be at least 30 days before the sale.
- When the first ad is placed, the sheriff must also serve a copy of the notice on each owner, and post notices at the courthouse door.
- The sale must be set no later than 120 days after the sheriff receives the certified judgment, or 60 days for a home found abandoned.
- Before the sale, the party that asked for it must pay delinquent property taxes and similar charges on the home. If it does not, the sheriff must cancel the sale and it must be advertised again (Ind. Code 32-29-7-8.5).
- If the sale is canceled, the sheriff must serve written notice of the cancellation on each owner.
How to stop the sale
- Pay the full judgment, interest and costs to the sheriff, since the sheriff now has the judgment. The sale order is then vacated (Ind. Code 32-29-7-7). Call ahead for the exact figure and accepted forms of payment.
- Get a written agreement with the lender to delay the sale while a workout is reviewed. A complete loss mitigation application more than 37 days before the sale carries federal review protection.
- A lawyer can ask the judge to stop the sale if, for example, you were never served or never got the settlement conference notice.
- A bankruptcy filing can pause a sale. Talk to a licensed bankruptcy attorney first.
What happens right after the sale
- Every sale is made without right of redemption (Ind. Code 32-29-7-9). Your right to stay rent free ends at the sale.
- The sheriff signs and delivers a deed to the buyer immediately after the sale and files a return with the clerk.
- Any surplus after the sale costs and the mortgage debt goes to the clerk of the court for you. See Indiana foreclosure surplus funds.
- If the sale does not cover the judgment, the sheriff can levy the rest on your other property unless the deficiency was waived. See Indiana deficiency judgments.
What to do this week
- Call the county sheriff's office with your case number to confirm the date, time and place.
- Call Indiana Legal Services at 1-844-243-8570, your servicer, and IFPN at 1-877-GET-HOPE.
- Start planning a move in case the sale goes ahead.
- Read what to do when an Indiana sale date is set and our national notice of sheriff's sale page.
The rest of the Indiana process
See how foreclosure works in Indiana, the timeline, ways to stop it and free help in Indiana, or read the national guide to this letter.
Common questions
How much notice do I get before an Indiana sheriff's sale?
The first newspaper notice must run at least 30 days before the sale, and the sheriff must serve you a copy when that first ad is placed (Ind. Code 32-29-7-3(e)).
Who do I pay to stop an Indiana sheriff's sale?
The clerk before the judgment is sent to the sheriff, and the sheriff after. You must pay the full judgment, interest and costs (Ind. Code 32-29-7-7).
Is there a redemption period after an Indiana sheriff's sale?
No. Ind. Code 32-29-7-9 says every sale is made without right of redemption, so anything you do must be done before the sale.
Other Indiana letters
- Pre-Suit NoticeBefore an Indiana lender can file a foreclosure lawsuit on your primary residence, it must send you a Pre-Suit Notice by certified mail at least 30 days ahead, on a form set by the state housing agency. It says you are in default and points you to free counseling. It is a warning, not a lawsuit.
- Summons and foreclosure complaintThe summons and complaint start the foreclosure lawsuit in your county's circuit or superior court. The summons sets two separate deadlines: a written response within 20 days (23 if you got it by certified mail) and a request for a settlement conference within 30 days after service. Do both if you can.
- Notice of settlement conferenceAfter you ask for a settlement conference, the court issues a notice ordering you and the lender to meet 40 to 60 days later to try to reach a foreclosure prevention agreement. You must send your loss mitigation package to the lender's attorney and the court 30 days before the conference. Missing it can let the lender get judgment.
- Judgment and decree of foreclosureThe judgment and decree of foreclosure is the court's ruling that the lender can have your home sold by the sheriff. It usually includes a personal judgment against you for the debt. The sale process cannot start until 3 months after the complaint was filed, and you can stop the sale by paying the judgment, interest and costs before it.
- Writ of assistanceIn Indiana, the buyer at a sheriff's sale gets a deed right after the sale. If you have not moved, the buyer can apply to the court clerk for a writ of assistance, a court order directing the sheriff to deliver possession. State law does not set a fixed number of days, so act the day you receive it.